Question 9: Conflicting Interests Flashcards
(10 cards)
1
Q
What are rights/interests defined as
A
Principles identified by individuals and/or states as being of fundamental importance according to roscoe pound
2
Q
Give examples of private interests of individuals
A
Freedom/privacy/education etc
3
Q
Give examples of public (state) interests
A
Physical security/ financial security
4
Q
How does the law balance public and private interests
A
- conflict between individuals private interests is dealt with by substantive law (laws people are governed by)
- conflict between individuals private interests and states public interests is dealt with by procedural laws (how law is created/applied/enforced)
5
Q
Outline theories of law and interests
A
- bentham - devised utilitarianism,greatest happiness for greatest number of people. He promoted an extension of legal rights (eg decriminalising homosexuality)
- pound - states law acts as a ‘social engineer’- solving problems in society
6
Q
Give examples of law and interests
A
- miller v Jackson - a conflict of individual rights in tort law
- a defence attempting to balance conflicting interests of defendant and victim (R v T)
7
Q
How does the HRA 1998 balance interests
A
- protects individual rights while allowing limits for public safety or national security
8
Q
Why is balancing conflicting interests important in law
A
- ensures fairness between individuals and society
9
Q
How does balancing conflicting interests promote social order
A
- reduces conflict by resolving disputes fairly
10
Q
What is a risk of balancing conflicting interests in law
A
- can lead to inconsistent outcomes/judicial bias
- or one parties rights may be unfairly limited for the ‘greater good’
